A bill that would ban the sale of THC products has passed the Texas Senate. Senate Bill 3, a priority item for Lt. Gov. Dan Patrick, was approved in a 24-7 vote Wednesday afternoon, less than a week after unanimously passing out of the Senate State Affairs Committee.
Sen. Charles Perry (R-Lubbock), who authored the bill, said he is primarily concerned about synthetic THC products on the market. On the Senate floor Wednesday, he called them “akin to K2, spice and bath salts.”
“The effect of what this drug is doing to the people that are involved in it, contrary to what you hear, it’s devastating lives, it’s generational, it is creating psychosis, it is creating paranoia,” he said.
For some Texans — like veterans struggling with PTSD — using synthetic strains of THC, like Delta 8 and Delta 9, can be lifesaving. Last May, several testified before a panel of Texas senators, opposing a ban on these products. But opponents told those same lawmakers about cases of psychosis and accidental overdose involving the products.
If SB 3 makes it to the governor’s desk and becomes law, it’s estimated Texas could lose out on $19.2 million in revenue from taxes on THC products over the next two fiscal years.
Lt. Gov. Patrick praised the measure’s passage through his chamber.
“I named SB 3 a major legislative initiative of mine because I will not allow retailers to circumvent the law and put Texans’, and especially children’s, lives in danger,” he said in a statement. “These dangerous products must not be allowed to permeate our communities and endanger Texas children.”
The Texas Hemp Business Council, an organization advocating for the hemp industry, called SB 3 an infringement on “the rights of law-abiding Texans.”
“This bill would weaken public safety by pushing what are now legal and regulated products onto dangerous black markets,” Mark Bordas, executive director of the Texas Hemp Business Council, said in a statement. “Additional regulations would be more effective at improving safety than the sweeping government overreach proposed in Senate Bill 3.”
In 2019, Texas lawmakers legalized the purchase, sale and possession of hemp products through House Bill 1325. Hemp products have a concentration of less than 0.3% THC. Whereas marijuana, which is above that threshold, is still illegal to possess or use in Texas.
Rachel Osier Lindley
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The Texas Newsroom
Under SB 3, CBD and CBG (non-psychoactive cannabis derivatives) would still be available but would be required to be placed in properly labeled and child-resistant packaging.
It’s important to note that the bill would not eliminate the use of THC for medicinal purposes. Patrick said in a Wednesday press conference that he plans on expanding the Compassionate Use Program, which designates who is able to get a prescription for low-THC cannabis.
“We’re not against those who need medically prescribed help,” he said.
Sen. José Menéndez (D-San Antonio) said he “100% agrees” with banning synthetic THC, but is skeptical of whether the bill could effectively eliminate THC use.
“I’m just concerned we’re gonna be criminalizing something that with these 8,000 outlets and with the inventory that’s out there, much like prohibition didn’t get people to stop drinking,” he said. “I don’t think this is gonna help people stop doing what they’re doing.”
Lt. Gov. Patrick has been gunning for the passage of SB 3 this saying, saying that many of his concerns lie with children using THC products.
On Tuesday, Patrick posted a video on X where he visited several smoke shops to investigate. Upon his arrival at The Happy Cactus Apothecary, an Austin CBD shop, employees requested to see his ID to verify his age.
“One of our employees said she asked for his ID, and he said ‘I’m Dan Patrick.’ And she said, ‘I still need to see your ID,’” shop owner Todd Harris told The Houston Chronicle.
Senate Bill 3 now moves over to the Texas House where it may face a more difficult road to passage. Texas House Speaker Dustin Burrows (R-Lubbock) has not been outspoken on his stance on THC products. But during a press conference Wednesday morning, Patrick said that Burrows and Gov. Greg Abbott are all “on the same page” concerning the issue.
